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Statutory Instruments

2005 No. 673

IMMIGRATION

The Detention Centre (Amendment) Rules 2005

Made

9th March 2005

Laid before Parliament

14th March 2005

Coming into force

4th April 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 153 and 166(3) of the Immigration and Asylum Act 1999(1), hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Detention Centre (Amendment) Rules 2005 and shall come into force on 4th April 2005.

Amendment to the Detention Centre Rules 2001

2.  The Detention Centre Rules 2001(2) shall be amended as follows.

3.  In rule 27 paragraph (6), for the words “, the Immigration Appeal Tribunal or an adjudicator” substitute the words “or the Asylum and Immigration Tribunal”.

Des Browne

Minister of State

Home Office

9th March 2005

Explanatory Note

(This note is not part of the Rules)

These rules amend the Detention Centre Rules 2001 to reflect the replacement of adjudicators and the Immigration Appeal Tribunal with the Asylum and Immigration Tribunal by section 81 of the Nationality, Immigration and Asylum Act 2002 (as substituted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)). The effect of the amendment is to require the Secretary of State to bear the postage expense of any letter sent by a detained person to the Asylum and Immigration Tribunal where the person in question does not have the necessary funds to do so.

(1)

1999 c. 33; section 153 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), sections 66(2)(a) and (3)(f).

(2)

S.I. 2001/238